Code of Alabama

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14-11-30
Section 14-11-30 Definitions. When used in this article, the following words shall have the
following meanings: (1) CUSTODY. Any of the following: a. Pretrial incarceration or detention.
b. Incarceration or detention under a sentence or commitment to a state or local penal institution,
any detention facility for children or youthful offenders. c. Parole or mandatory supervised
release. d. Electronic home detention. e. Parole or probation. (2) EMPLOYEE. An employee or
contractual employee of any governmental agency of the state, county, or municipality that
has by statute, ordinance, or court order the responsibility for the care, control, or supervision
of pretrial or sentenced persons in a penal system or detention facility. (3) SEXUAL CONDUCT.
Any of the following acts: a. Sexual intercourse. This term shall have its ordinary meaning
and occurs upon a penetration, however slight; emission is not required. b. Sexual contact.
Any known touching for the purpose of sexual arousal,...
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12-17-4
Section 12-17-4 State assumption of retirement and other employee benefits. (a) Retirement.
- Employees of the circuit and district court, hereinafter "eligible employees,"
shall, on the date they join or joined the state personnel system, be covered by the Employees'
Retirement System of Alabama; provided, that an employee who on that date is covered by a
local retirement system may by written notice filed within 30 days prior to the date the employee
joins the state personnel system, with the Comptroller, elect to retain instead membership
in the local retirement plan; provided further, that any employee joining the state personnel
system on or before October 1, 1977, shall have the right to make such election within 30
days prior to October 1, 1977. Upon election of an employee, the Comptroller shall pay to
such local government plans the employer retirement contribution attributable to employees
electing to retain local plan membership; provided, that such employer contribution...
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12-5A-8
Section 12-5A-8 Juvenile probation officers - Supervision; employees of state; appointment
and dismissal; director of probation services; certain employees subject to merit system procedures.
On or after October 1, 1999, each of the following shall occur: (1) In each county having
a population of 99,000 or less according to the 1990 federal decennial census, all juvenile
probation officers and employees covered by this chapter, and any future employees occupying
covered positions, shall be under the direct supervision of the presiding juvenile court judge.
(2) All juvenile probation officers in counties having a population of 99,000 or less according
to the 1990 federal decennial census shall be state employees and shall be subject to the
procedures of the state court system personnel system. All appointments of juvenile probation
officers for authorized positions within a county shall be made by the presiding juvenile
court judge, subject to the approval of the Administrative Director...
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5-26-15
Section 5-26-15 Confidentiality. In order to promote more effective regulation and reduce regulatory
burden through supervisory information sharing: (1) PROTECTIONS. Except as otherwise provided
in Public Law 110-289, Section 1512, the requirements under any federal law regarding the
privacy or confidentiality of any information or material provided to the Nationwide Mortgage
Licensing System and Registry, and any privilege arising under federal or state law, including
the rules of any federal or state court, with respect to such information or material, shall
continue to apply to such information or material after the information or material has been
disclosed to the Nationwide Mortgage Licensing System and Registry. Such information and material
may be shared with all state and federal regulatory officials with mortgage industry oversight
authority without the loss of privilege or the loss of confidentiality protections provided
by federal or state law. (2) AGREEMENTS AND SHARING...
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32-5-316
Section 32-5-316 Courts may prohibit operation of motor vehicles by persons convicted of violation
of automobile laws. Whenever a defendant is convicted by any court of competent jurisdiction
of operating a motor vehicle in violation of any criminal statute or ordinance, the court
trying the case, in its discretion, may, in addition to the other punishment fixed by law,
enter an order forbidding such person to drive a motor vehicle upon any street or highway
in the State of Alabama for a period to be specified by the court, or perpetually, as the
court may determine. Any person driving a motor vehicle in violation of such an order of court
shall be guilty of a misdemeanor. Any defendant against whom such an order has been entered
shall have the same right of appeal and supersedeas as is now granted him or her with reference
to the sentence of the court imposing punishment fixed by law, and the appellate court shall
have the right to modify or annul the order forbidding the operation by...
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12-25-2
Section 12-25-2 Purpose. (a) The purposes of the commission shall be to review existing sentence
structure, including laws, policies, and practices, and to determine and recommend to the
Legislature and Supreme Court changes regarding the criminal code, criminal procedures, and
other aspects of sentencing policies and practices appropriate for the state which: (1) Secure
the public safety of the state by providing a swift and sure response to the commission of
crime. (2) Establish an effective, fair, and efficient sentencing system for Alabama adult
and juvenile criminal offenders which provides certainty in sentencing, maintains judicial
discretion and sufficient flexibility to permit individualized sentencing as warranted by
mitigating or aggravating factors, and avoids unwarranted sentencing disparities among defendants
with like criminal records who have been found guilty of similar criminal conduct. Where there
is disparity, it should be rational and not related, for example, to...
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12-25-31
Section 12-25-31 Statement of purpose. (a) It is essential that Alabama manage its criminal
justice system in the manner best able to protect public safety and make the most effective
and efficient use of correctional resources. Based on the findings and recommendations of
the Alabama Sentencing Commission, the Legislature finds that all of the following are necessary
to protect public safety by providing a fair, effective, and efficient criminal justice system:
(1) Voluntary sentencing standards used to guide judicial decision makers in determining the
most appropriate sentence for convicted felony offenders. (2) The abolition of traditional
parole and good time credits for convicted felons. (3) The availability of a continuum of
punishment options. (b) The Legislature further finds, based on the findings and recommendations
of the sentencing commission, that subdivisions (1) to (3), inclusive, of subsection (a) are
necessary to best achieve all of the following goals: (1)...
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13A-5-53.1
Section 13A-5-53.1 Appeals of capital punishment. (a) Rule 32.2(c) of the Alabama Rules of
Criminal Procedure shall not apply to cases in which a criminal defendant is convicted of
capital murder and sentenced to death, and files a petition for post-conviction relief under
the grounds specified in Rule 32.1(a), (e), or (f) of the Alabama Rules of Criminal Procedure.
(b) Post-conviction remedies sought pursuant to Rule 32 of the Alabama Rules of Criminal Procedure
in death penalty cases shall be pursued concurrently and simultaneously with the direct appeal
of a case in which the death penalty was imposed. In all cases where the defendant is deemed
indigent or as the trial judge deems appropriate, the trial court, within 30 days of the entry
of the order pronouncing the defendant's death sentence, shall appoint the defendant a separate
counsel for the purposes of post-conviction relief under this section. Appointed counsel shall
be compensated pursuant to Chapter 12 of Title 15;...
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14-13-2
Section 14-13-2 Adoption and text of Interstate Corrections Compact. The Interstate Corrections
Compact is hereby enacted into law and entered into by the State of Alabama with any and all
states legally joining therein, in accordance with its terms, in the form substantially as
follows: INTERSTATE CORRECTIONS COMPACT Article I (Purpose and Policy) The party states, desiring
by common action to fully utilize and improve their institutional facilities and provide adequate
programs for the confinement, treatment, and rehabilitation of various types of offenders,
declare that it is the policy of each of the party states to provide such facilities and programs
on a basis of cooperation with one another, thereby serving the best interests of such offenders
and of society and effecting economies in capital expenditures and operational costs. The
purpose of this compact is to provide for the mutual development and execution of such programs
of cooperation for the confinement, treatment and...
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5-25-6
Section 5-25-6 Issuance of license. (a) Upon receipt of a completed application for a license
together with all items set forth in subsection (c) of Section 5-25-5, the department shall
conduct such an investigation as it deems necessary to determine that the applicant and its
officers, directors, and principals are of good character and ethical reputation and will
operate honestly and fairly within the purposes of this chapter; and that the applicant demonstrates
reasonable financial responsibility. (b) The department may not license any applicant unless
it is satisfied that the applicant may be expected to operate its mortgage brokerage activities
in compliance with the laws of this state. (c) The department may not issue a license if it
finds that the applicant, or any person who is a director, executive officer, partner, or
principal of the applicant, has been convicted of a felony or offense which involves breach
of trust, fraud, or dishonesty in any jurisdiction. For the purposes...
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